Do you need notary public services in Kenya? Do you want to ensure that your legal documents are valid and enforceable? Our lawyers have you covered.
This article provides a comprehensive guide to notary public services in Kenya, including the meaning, legal framework, types of services offered, and the importance of these services. Also, read more to find out why Kraido Advocates is the best law firm for notary public services for you.
So, grab a cup of tea and read on to become well-versed in Kenya’s essential world of notary public services.
Who is a Notary Public?
A notary public is a public officer commissioned by the government to perform specific legal functions, primarily related to the witnessing of document signing and verifying authenticity.
An individual or more than one party can do the signing in the notary public’s presence.
Notaries public play a crucial role in ensuring the legality and validity of various documents and transactions, which often includes verifying the identities of the signees.
In Kenya, notary public services are essential for individuals, businesses, and organizations that require verification and authentication of documents, contracts, and signatures.
Laws Governing Notaries Public in Kenya
In Kenya, notary public services are governed by the Notaries Act, Cap 17 of the Laws of Kenya. Under this Act, a notary public must be an advocate who has practiced law for longer than five years and has a valid law practicing certificate.
The law also requires that notaries public maintain a register of all notarial acts they perform to ensure the credibility and reliability of notary public services.
This register serves as a record of their activities and can be inspected by the public upon request.
Furthermore, notaries public are subject to the disciplinary jurisdiction of the Advocates Disciplinary Tribunal, which ensures that they adhere to the highest standards of professional conduct.
Types of Notary Public Services Offered in Kenya
Notary public services in Kenya encompass a wide range of functions, including document notarization, authentication of signatures, witnessing and attesting documents, administering oaths and affirmations, and drafting legal documents.
Below is a detailed explanation of these services:
1. Document Notarization (Legalization)
One of the primary responsibilities of a notary public in Kenya is to notarize documents. This process involves verifying the authenticity of a document or a signature and attesting to its legitimacy.
The notary public may need to add a signature, stamp, or seal to fully authenticate documents.
Notaries public in Kenya may notarize various types of documents, including:
- Affidavits: A written statement made under oath, often used as evidence in court proceedings or other legal matters.
- Documents for international use: Legal documents, including the power of attorney, wills, deeds, contracts, and others, require preparation and notarization to ensure that the papers will be recognized and enforceable in other countries.
- Statutory declarations: A written statement of facts made voluntarily and confirmed by the solemn declaration of the person making it.
- Certified true copies: A notary public can certify that a photocopy of a document is a true and accurate copy of the original.
- Academic documents: Sometimes, notarization is necessary to make Kenyan academic papers, like a KCSE certificate, valid and usable outside the country.
2. Authentication of Signatures
A notary public is also responsible for authenticating signatures on various documents, such as:
- Power of attorney: A legal document that grants one person the authority to act on behalf of another person in specific matters, such as financial transactions or legal decisions.
- Contracts and agreements: Notaries public can authenticate the signatures on contracts and agreements to ensure their legality and enforceability.
3. Witnessing and Attesting Documents
A notary public can also serve as a witness to document signing, ensuring that the parties involved understand the document’s contents and sign it voluntarily.
This service is particularly important for documents that require independent verification of the parties’ identities and intentions.
4. Administering Oaths and Affirmations
Notaries public in Kenya have the authority to administer oaths and affirmations, which are solemn promises, to tell the truth, or to fulfill specific obligations.
Oaths are essential in legal proceedings or when submitting official documents to government agencies.
5. Drafting Legal Documents
In Kenya, notaries public may also offer services related to drafting legal documents, such as deeds or wills.
To become a notary public in Kenya, one needs to have a legal background and be an advocate.
However, due to legal experience, expertise, and preferences, not all notaries public can draft legal documents.
Contact Kraido if you need help with your legal documents and agreements.
The Importance of Notary Public Services
Some of the key benefits of engaging the services of a notary public include
- Legal Validity of Documents: Notarized documents are more likely to be accepted as valid and genuine by courts, government agencies, schools, employers, and other institutions, locally and internationally.
- Preventing Fraud and Identity Theft: By verifying the authenticity of documents and the identity of the parties involved, notaries public help prevent fraud and identity theft where a signature alone wouldn’t suffice due to the ease of forgery.
- Facilitating International Transactions: Notarized documents are often required for international transactions, such as the sale or purchase of property, business contracts, or immigration applications. By providing this service, notaries public in Kenya facilitate cross-border trade and investment.
- Streamlining Legal Processes: The involvement of a notary public in the preparation and execution of legal documents can help streamline legal processes and ensure that documents are correctly completed and executed.
Where to Find a Notary Public in Kenya
There are several places to find a notary public in Kenya, such as:
1. Law Firms and Legal Practitioners: Many law firms in Kenya, including ours, offer notary public services as part of their legal practice. In addition, you can contact local law firms or individual advocates who are registered as notaries public.
2. Online Directories and Websites: Some online directories and websites provide listings of notaries public in Kenya, along with their contact information and areas of expertise.
3. Recommendations from Friends and Colleagues: Personal referrals are often reliable for finding a reputable notary public. Ask friends, family members, or colleagues who have used notary public services for their past recommendations.
4. Government Offices and Institutions: Some government offices and institutions, such as the Ministry of Foreign Affairs or the US Embassy, provide notarization services.
Choosing the Right Notary Public
When selecting a notary public, consider the following factors:
1. Legal practice areas: Choose a notary public with experience and expertise in the specific area of law relevant to your documents.
2. Accessibility and availability: The notary public should be conveniently located and available to meet your scheduling needs.
3. Reputation and client feedback: Research the notary public’s reputation and seek feedback from previous clients.
4. Fees: Compare charges for notary services to ensure you find the lawyer or institution that suits you.
Why Choose Kraido Advocates for Notarization
Government offices and a few other institutions like Embassies provide notary public services. Still, a significant drawback of working with them is that the scope of support doesn’t extend much further than the notarization, unlike when dealing with an experienced and professional law firm like ours.
We also have a fair pricing model that’s per the Advocates Remuneration Order, which sets out the scale of professional legal fees to be charged by advocates in Kenya.
By working with a reputable and seasoned law firm like Kraido, you get the complete package: legal consultation, document drafting, notarization, and our agents will handle the delivery and presentation to various offices on your behalf, where applicable, to give you a hands-off experience.
Conclusion
In conclusion, notary public services in Kenya are essential for ensuring the legal validity of documents and transactions, preventing fraud and identity theft, and facilitating international commerce.
By understanding the legal framework, types of services offered, and their significance, individuals and businesses in Kenya can effectively utilize these services to protect their interests and streamline their legal processes.
We encourage readers to share their experiences with notary public services to increase public awareness and improve access to these vital services.
Additionally, if you’re searching for notary public services in Kenya, contact Kraido Advocates today.
